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UN Refugee Convention important but abused: Opposition

ASHLEY HALL: The Federal Opposition says it strongly supports the UN Refugee Convention but it's concerned that people smugglers are increasingly abusing it.

The Immigration Minister Chris Bowen has attacked his Opposition counterpart, Scott Morrison for suggesting the Convention is out of date.

Chris Bowen says that lacks credibility because the Opposition continues to insist that any system of offshore processing for asylum seekers can only take place in countries which have signed the Convention.

But Scott Morrison says the 1951 agreement contains important protections which should be part of Australia's migration law.

From Canberra, Naomi Woodley reports.

NAOMI WOODLEY: The Opposition's immigration spokesman Scott Morrison says the Coalition has always supported the UN Refugee Convention, and will continue to do so. But he says it's currently being abused.

SCOTT MORRISON: The Refugee Convention as it's being interpreted and as the legal understanding of its application has evolved over the years, is giving aid and comfort to people smugglers who are able to sell packages to people to sell up and move halfway around the world and seek asylum in the country of their choice.

NAOMI WOODLEY: Scott Morrison says the way the Convention is being interpreted has changed since it was signed in 1951, and should be re-examined.

SCOTT MORRISON: The Convention makes it very clear that people directly fleeing a country and moving to their country of first asylum is where the obligation for safe haven exists. That's how the Convention was actually drafted in the first place.

The Convention is supposed to provide protection, safe haven for people directly fleeing place of persecution. Now we know the people leaving Indonesia are not directly fleeing a place of persecution.

But over time these protections have been extended to people who are secondary moving and flying halfway around the world.

NAOMI WOODLEY: He says a tolerance of asylum seekers moving from one country to another before lodging their claims has built up over time.

The Immigration Minister Chris Bowen says the Opposition's concerns can't be taken seriously.

CHRIS BOWEN: Look if he wants to rewrite the Refugee Convention that's a matter for him, I don't think it's in need of major rewriting, but if he wants to rewrite it, he should outline how it should be rewritten and he should withdraw the fundamental objection of the Opposition to our changes to Migration Act, which is to say that people should only be sent to countries that are signatory to the Refugee Convention.

You can't on the one hand say it's the fundamental protection on the other hand say it should be rewritten.

SCOTT MORRISON: Chris Bowen is just once again trying to find excuses for why he doesn't want to ensure that there are legally binding protections in the Migration Act. He wants throw them out the door to legitimise his illegal Malaysian people swap.

The Coalition are committed to the protections in the Refugee Convention and we think those protections should be part of our migration law.

NAOMI WOODLEY: Another two boats carrying asylum seekers have been intercepted on their way to Christmas Island.

The Government is facing persistent calls to increase Australia's humanitarian intake of refugees, as a way to try to slow the number of asylum seekers trying to reach Australia by boat.

But the Minister Chris Bowen told AM that an increase could only happen if Parliament agrees to legislation to reinstate offshore processing.

CHRIS BOWEN: I'm a supporter of increasing the program, but I also make the point that firstly it needs to be done gradually and carefully given that we already are the largest resettlement nation in the world per capita.

We have the most exhaustive and comprehensive settlement services in the world. That is very expensive and that means that it needs to be done in a budget sensitive way.

And the final point I'd make is that the idea that we could increase the refugee intake and in and of itself not accompanied by offshore processing should provide some sort of disincentive for the 43 million refugees or displaced people in the world to attempt irregular boat journeys to Australia is, I think, na´ve.

NAOMI WOODLEY: Is there not a case though for separating out the visas given to refugees who arrive by boat from Australia's general humanitarian intake - wouldn't that discourage people from making that boat journey?

CHRIS BOWEN: Well it would not, it would not discourage people from making that boat journey. I don't see how anybody could argue that simply providing an open slather for boat arrivals would somehow discourage boat arrivals, there's just no logic to that argument with respect, Naomi.

NAOMI WOODLEY: The expert panel formed by the Government to try to break the political deadlock over asylum policy is continuing its deliberations, but there's little sign yet of a breakthrough.